Can my husband be deported even though we are legally married have a 4 year old child and I’m pregnant?

UPDATED: Sep 19, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 19, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my husband be deported even though we are legally married have a 4 year old child and I’m pregnant?

He was picked up by immigration for a problem he had 7 years ago; he has not had any other legal problems besides the one. He had a residence card which just expired. He is incarcerated right now waiting to see a judge.

Asked on September 19, 2011 under Immigration Law, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Oh my goodness.  You say that his resident card just expired.  A temporary residency card?  And you did not apply for permanent residency based upon your marriage?  Obviously the marriage is not a sham with one child and one on the way.  You would have passed any investigation that the INS would have put you through.  But if his paperwork is not in order and he is considered to have violated the terms of his visa then yes, he can be deported.  Please seek the hep of an attorney right away.  Maybe there is an emergency motion or petition that you can file.  You need to straighten this out while he is still here in the US.  Once deported it could be a problem for him to return.  Good luck to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption